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Advocacy for legalising homosexuality
The Naz Foundation (India), a New Delhi based NGO is at the forefront of the campaign to decriminalise homosexuality. The organisation aims to sensitise the community to the prevalence of HIV, as well as highlight issues related to sexuality and sexual health. The organisation has strong linkages with human rights groups and agencies such as Lawyers Collective, Human Right Law Network, Amnesty International, International Gay and Lesbian Human Rights Commission. Naz India has collaborated with these agencies to address cases of sexual rights abuse. Naz Indias efforts in sensitising the government to different issues related to the epidemic include the amendment of Section 377 of the Indian Penal Code commonly known as the Anti-sodomy Law. This act criminalises same sex sexual behaviour irrespective of the age and consent of the people involved, posing one of the most significant challenges in effective HIV/AIDS interventions with sexual minorities.[31] In December 2002 Naz India filed a Public Interest Litigation (PIL) to challenge IPC section 377 in the Delhi High Court.[32]
In September 2006, Nobel Laureate Amartya Sen and acclaimed writer Vikram Seth came together with scores of other prominent Indians in public life to publicly demand this change in the legal regime.[33] The open letter demands that 'In the name of humanity and of our Constitution, this cruel and discriminatory law should be struck down.'
On 30 June 2008, Indian labour minister Oscar Fernandes backed calls for decriminalisation of consensual gay sex, and the Prime Minister Manmohan Singh called for greater tolerance towards homosexuals.[34]
On 4 July 2008, gay activists fighting for decriminalisation of consensual homosexuality at the Delhi High Court got a shot in the arm when the court opined that there was nothing unusual in holding a gay rally, something which is common outside India.[35]
On 23 July 2008, Bombay High Court Judge Bilal Nazki said that India's unnatural sex law should be reviewed.[36]
Former Indian health minister Anbumani Ramadoss advocated legalising homosexuality in India. On 9 August 2008, he campaigned for changing "Section 377" of the Indian penal code, which makes homosexuality an unnatural act and thus illegal. At the International AIDS Conference in Mexico city, he said, "Section 377 of IPC, which criminalises men who have sex with men, must go."[37] His ministerial portfolio had put him at odds with the Indian Home ministry in seeking to scrap Section 377.[10] In late 2008, he changed his argument saying he does not want the "scrapping" of Section 377 but a mere "modification" of the law treating homosexuality as a criminal offence punishable up to life imprisonment. He said he wants Prime Minister Manmohan Singh to resolve the matter, while he wanted to avoid discord with the home ministry, who said the altered law would then result in an increase in criminal incidences of sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged that the law even penalises health workers for "abetting," while making this a cognisable and non-bailable offence. "The entire objective of getting homosexuality decriminalised is primarily to reach out to an estimated 4.5 million MSMs across the country as about 86 per cent HIV/AIDS-affected persons in India are Men Having Sex with Men (MSM). My concern is purely on health grounds because Section 377 in its present form interferes with health ministrys efforts to tackle HIV/AIDS epidemic, as even the doctors treating gay patients could be punished. Hence unless we take appropriate steps it would be difficult to contain the spread of the virus." He added the last comment saying the disease through blood transfusion and parentage declined while the other methods were hindering tackling the epidemic.[38]
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sadguyfoundout1 2 years ago